This letter is to advise you of the disposition of the above-referenced complaint received by the U.S. Department of Education, Office for Civil Rights (OCR), on July 1, 1996. The complaint alleged that Indiana University (University) was not effectively accommodating the interests and abilities of women because the University's women's club crew team had not been elevated to the intercollegiate level despite requests for such elevation.

OCR is responsible for enforcing Title IX, which prohibits discrimination on the basis of sex. On December 2, 1997, the University agreed to implement the enclosed agreement, which resolves the above-referenced complaint. OCR will monitor the implementation of the agreement. If the University fails to implement the agreement fully, OCR will immediately reopen the case and resume its investigation. We look forward to receiving your initial compliance report, which is due on January 5, 1998.

I appreciate the courtesy and cooperation that you, the staff of the University's athletic department, and Ms. Dorothy J. Frapwell and Ms. Sharon L. Groeger, the University's legal counsel in this matter, extended to the staff of OCR as we worked to achieve a satisfactory resolution of this case.

If you have any questions, please contact me at (312) 886-8437, or you may have a member of your staff contact Mr. David Blom, Equal Opportunity Specialist, at (312) 886-8405.

Sincerely,

Dr. Mary Frances O'Shea
Director
Compliance Programs

Enclosure
cc: Ms. Dorothy J. Frapwell University Counsel

However, this settlement agreement is submitted in order to resolve the above complaint. The University agrees to the following:

Consistent with its existing plan to expand athletic opportunities for women, the University will elevate its women's club water polo team to intercollegiate varsity status effective the 1997-98 academic year. The University will provide sufficient resources to ensure that the team will be able to undertake a full competitive intercollegiate varsity schedule during the 1997-98 academic year. To this end, the University will provide the women's water polo team with sufficient funds in its budget to cover expenses including, but not limited to, coaching, recruiting participants, meeting equipment-handling needs, purchasing appropriate equipment and supplies, traveling, generating publicity, and providing support services.

1a. Reporting Requirement

By January 5, 1998, the University will submit to OCR a report detailing its actions regarding the addition of women's water polo, including a copy of the team's budget, by line item, a copy of the team's squad or eligibility list, identification of all athletes recruited by the University to participate in intercollegiate varsity women's water polo, identification of all women's water polo athletes provided athletic financial assistance by the University and the amount of assistance provided, and a copy of the team's 1997-98 competitive schedule.

Effective the 1999-2000 academic year and consistent with its existing plan to expand women's varsity sports, the University will elevate its women's club crew team to intercollegiate varsity status. The University will provide sufficient resources to ensure that the team will be able to undertake a full competitive schedule during the 1999-2000 academic year. To this end, the University will provide the women's crew team with sufficient funds in its budget to cover expenses including, but not limited to, the cost of coaching, recruiting participants, meeting equipment-handling needs, purchasing appropriate equipment and supplies, traveling, generating publicity, and providing support services. By no later than March 1, 1999, the University will hire a qualified women's crew team coach who will assume his/her duties no later than April 1, 1999.

In addition, consistent with its intention to establish a quality intercollegiate varsity women's crew team, during the 1998-99 academic year, the University will provide transitional funding to the women's club crew team and increase the University's nonfinancial support of the women's club crew team sufficient to allow this team the opportunity to begin preparations and make necessary improvements prior to the elevation to intercollegiate varsity status.

2a. Reporting Requirements

By August 1, 1998, the University will submit to OCR a progress report detailing its actions regarding the addition of women's crew including its plan for providing transitional funding and nonfinancial support to the women's club crew team during the 1998-99 academic year. By April 1, 1999, the University will submit a second report to OCR documenting that a coach for the varsity women's crew team has been hired and has assumed his/her responsibilities. By August 1, 1999, the University will submit a final report documenting the addition of women's intercollegiate varsity crew, including an accounting of transitional funding provided to the team during the 1998-99 academic year. When the University's budget for the 1999-2000 academic year has been established and approved, a copy of the team's 1999-2000 budget, by line item, shall be provided to OCR. By the date of the first competition of the women's crew team, a copy of the team's 1999-2000 competitive schedule and the team's squad or eligibility list shall be provided to OCR.

Effective the 2000-2001 academic year and consistent with its existing plan to expand women's varsity sports, the University will elevate its women's club field hockey team to intercollegiate varsity status. The University will provide sufficient resources to ensure that the team will be able to undertake a full competitive schedule during the 2000-2001 academic year. To this end, the University will provide the women's field hockey team with sufficient funds in its budget to cover expenses including, but not limited to, the cost of coaching, recruiting participants, meeting equipment-handling needs, purchasing appropriate equipment and supplies, traveling, generating publicity, and providing support services.

In addition, consistent with its intention to establish a quality intercollegiate varsity women's field hockey team, during the 1999-2000 academic year, the University will provide transitional funding to the women's club field hockey team and increase the University's nonfinancial support of the women's club field hockey team sufficient to allow this team the opportunity to begin preparations and make necessary improvements prior to the elevation to intercollegiate varsity status.

3a. Reporting Requirements

By August 1, 1999, the University will submit to OCR a progress report detailing its actions regarding the addition of women's field hockey including its plan for providing transitional funding and nonfinancial support to the women's club field hockey team during the 1999-2000 academic year. By February 1, 2000, the University will submit to OCR a second report detailing its actions regarding the addition of women's field hockey including an accounting of transitional funding provided to the team during the 1999-2000 academic year and documenting that a coach for the women's intercollegiate varsity field hockey team has been hired and has assumed his/her responsibilities. By August 1, 2000, the University will submit a final report documenting the addition of women's intercollegiate varsity field hockey. When the University's budget for the 2000-01 academic year has been established and approved, a copy of the team's 2000-01 budget, by line item, shall be provided to OCR. By the date of the first competition of the women's field hockey team, a copy of the team's 2000-01 competitive schedule and the team's squad or eligibility list shall be provided to OCR.

4. By January 16, 1998, the University shall publish on its World Wide Web site, its policy and procedure for periodically assessing, consistent with Title IX, the athletic interests of its female students to determine whether the interests of females in participating in specific sports exceed available opportunities at the University. The policy will state that, based upon the results of the assessment, the University will identify any actions that it must take to ensure that its athletic program equally effectively accommodates the athletic interests and abilities of all students. The policy will also set forth a procedure under which students and other interested parties may request the addition or elevation of sports at the University to varsity status and make reference to the University's Title IX nondiscrimination policy and grievance procedures. In addition, the University will publish the policy and procedure in the next reprinting of its student handbook.

4a. Reporting Requirement

The University will demonstrate to OCR its compliance with item 4 above by February 6, 1998. When the University's student handbook is reprinted, a copy of the handbook shall be provided to OCR.